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MATTER OF SINGH v. CITY OF N.Y. OFF. OF ADMIN. TRIALS & HEARINGS

Index No. 151332/19. Appeal No. 13017. Case No. 2019-5740.

191 A.D.3d 417 (2021)

137 N.Y.S.3d 684

2021 NY Slip Op 00535

In the Matter of Harpreet Singh, Respondent, v. City of New York Office of Administrative Trials and Hearings et al., Appellants.

Appellate Division of the Supreme Court of New York, First Department.

Decided February 2, 2021.

Attorney(s) appearing for the Case

James E. Johnson , Corporation Counsel, New York ( John Moore of counsel), for appellants.

Gregory J. Gallo , Long Island City, for respondent.

Concur—Renwick, J.P., Webber, González, Scarpulla, JJ.

To the extent a petition challenges an administrative penalty or sanction, the determination must be upheld unless it is "so disproportionate to the offense as to be shocking to one's sense of fairness" (Matter of Kelly v Safir, 96 N.Y.2d 32, 38 [2001] [internal quotation marks omitted]).

Here, OATH's determination permanently barred petitioner from serving as a nonattorney representative in its hearings after he submitted...

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